HomeMy WebLinkAboutMINUTES-03/05/2019-RegularMarch 5, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended Item No. b, Items Relating to Appropriations for the I-
25/Prospect Interchange and Police Regional Training Campus, be placed following Item No. 15
and Item No. 14, Resolution 2019-034 Establishing an Ad Hoc Committee to Review Total
Compensation for City Council Employees, be moved to the end of the published agenda.
Additionally, he noted Item No. 17, Items Relating to Electrical Assisted Bicycles, was amended
to add an option B to the ordinance, and Item No. 18, Items Relating to Solid Waste Programming
and Infrastructure Improvements, was withdrawn to allow for additional public input.
• PUBLIC COMMENT
Mark Glorioso, Gallegos Sanitation CEO, thanked Council for delaying the final discussion and
vote on the construction and demolition facility and flow control issue.
Eric Sutherland discussed residential subdivisions being constructed without City broadband
infrastructure and stated the massive debt incurred for the broadband project needs a full-time
Council to manage it.
Sid Doering, Gallegos Sanitation, thanked Council for delaying the final discussion on the
construction and demolition facility. He stated Gallegos is concerned about the location of the
transfer station and resulting truck routes.
Carrie Kepler, Gallegos Sanitation, expressed concern about the effects of the proposed flow to
the new landfill facility.
Braden Carey urged Council to take action to protect the public health of all Fort Collins residents
by acting to stop the rollbacks of mercury standards suggested by the Trump administration.
Dr. Rob Colbert discussed the non -emergency dispatch number to be used for individuals who
could potentially be in a crisis state. He discussed the case of Susan Holmes' son and stated de-
escalation training for officers must be more prevalent.
Adriana Gomez urged Council to take action to protect the public health of all Fort Collins
residents by acting to stop the rollbacks of mercury standards suggested by the Trump
administration.
Morgan Brown urged Council to take action to protect the public health of all Fort Collins residents
by acting to stop the rollbacks of mercury standards suggested by the Trump administration. She
discussed negative effects of mercury exposure on babies in utero.
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Jorune Klisanskaite urged Council to take action to protect the public health of all Fort Collins
residents by acting to stop the rollbacks of mercury standards suggested by the Trump
administration.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and noted a meeting will be scheduled with the
policy committee for the wasteshed analysis.
Councilmember Cunniff stated he requested information regarding the mercury issue and Council
received a response which mentioned Platte River Power Authority's strict compliance and
intention to stay with that regardless of EPA regulation changes. He suggested having a discussion
at Legislative Review Committee.
Mayor Pro Tern Horak noted PRPA added voluntary mercury controls prior to the federal
government requirements.
Councilmember Summers thanked the speakers who commented on the mercury issue.
Councilmember Martinez requested a response to Dr. Colbert regarding police training and
expressed appreciation for the Gallegos employees who spoke.
Councilmember Cunniff requested a follow-up memo regarding the public process about the new
landfill and construction and demolition facility.
Councilmember Summers requested attention be paid to the concerns mentioned by Mr.
Sutherland.
Mayor Pro Tern Horak suggested a staff report regarding Connexion be part of an upcoming
meeting.
• CONSENT CALENDAR
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes from the February 5 2019 Regular Council Meeting
and the February 12 2019 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the February 5, 2019 Regular Council meeting
and the February 12, 2019 Work Session and Adjourned Council meetings.
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2. Second Reading of Ordinance No. 022 2019 Appropriating Unanticipated Grant Revenue from
the Federal Transit Administration FTA in the Transit Services Fund and Appropriating Prior
Year Reserves In the Transit Services Fund and Authorizing the Transfer of Ap2ropriations
from the Transit Services Fund to the Capital Pro'ect Fund for the Accessible Infrastructure
Enhancement Project and Transferring Appropriations from the Capital Project Fund to the
Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 19, 2019, appropriates
unanticipated grant revenue awarded by the Federal Transit Administration (FTA) to upgrade bus
stops throughout the Transfort service area. This infrastructure enhancement project will use FTA
grant funds in the amount of $1,520,344 with a local match of $380,086 derived from Community
Capital Improvement Program (CCIP) funds. This project will repair or replace concrete pads at bus
stops and purchase amenities, such as shelters, over the next two to three years.
3. Second Reading of Ordinance No. 023, 2019, Appropriating Unanticipated Grant Revenue in
the General Fund to Purchase Electric Lawn and Garden Equipment for the Parks Department
and Authorizing the Transfer of Previously Appropriated Funds in the Environmental Services
Department Operating Budget. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 19, 2019, appropriates
unanticipated grant revenue in the amount of $19,998 in the General Fund for the purchase of electric
commercial lawn and garden equipment for municipal operations. The grant is provided by the
Regional Air Quality Council (RAQC) and directly supports local efforts to reduce ozone causing
pollutants from gas and diesel powered equipment. A local match of $34,616 is required. Lawn and
garden equipment purchases appropriated and expended in 2018 are eligible to be applied towards
matching funds ($14,616), and the remaining $20,000 is appropriated and unexpended in the 2019
Environmental Services operating budget.
4. Items Relatin to Non -Exclusive Utility Easement Agreements with Colorado State University
and Colorado State University Research Foundation. (Adopted)
A. Second Reading of Ordinance No. 024, 2019, Approving a Non -Exclusive Utility Easement
Agreement for City Storm Sewer Lines on Colorado State University Property, Including Vacation
of Easements Granted in 1966 Right -of -Way Agreement.
B. Second Reading of Ordinance No. 025, 2019, Approving a Non -Exclusive Utility Easement
Agreement for City Storm Sewer Lines on Colorado State University Research Foundation
Property, Including Vacation of Easements Granted in 1966 Right -of -Way Agreement.
These Ordinances, unanimously adopted on First Reading on February 19, 2019, vacate a 1966 storm
sewer easement on Colorado State University's (CSU) Main Campus, portions of which are now
owned by the Colorado State Research Foundation (CSURF), and approve a new Utility Easement
Agreement in its place. The existing storm sewer main is generally not located in the center of the
existing right-of-way and in some places is not within the right-of-way at all. These Ordinances will
abandon the 1966 right-of-way and replace it with a new easement that is centered on the existing
storm sewer main.
5. Second Reading of Ordinance No. 026 2019 Authorizinq the Purchasing Agent to Enter into
Contracts for Services Professional Services and/or Construction in Excess of Five Years for
the Proposed Enlargement of Halligan Reservoir. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 19, 2019, authorizes the
Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five
years in length for services, professional services, and/or construction of the proposed enlargement of
Halligan Reservoir. Contracts authorized under the proposed ordinance could be extended up to the
life of the project. Preliminary design of an enlarged Halligan Reservoir will likely begin in late 2019,
and construction could begin four years later. Construction is anticipated to last approximately two
years. Under this scenario and without this proposed ordinance, the design contract would expire
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while the Halligan Reservoir enlargement is under construction, a situation that would result in
logistical, and cost ramifications for the City and the project.
6. Items Relating to Revisions to Municipal Code Chapter 14 Landmark Preservation and to Land
Use Code Section 3.4.7 Historic and Cultural Resources . (Adopted)
A. Second Reading of Ordinance No. 034, 2019, Amending Chapter 14 of the Code of the City of
Fort Collins Regarding Landn-rark Preservation.
B. Second Reading of Ordinance No. 035, 2019, Amending Land Use Code Sections 3.4.7 and 5.1.2
Pertaining to Historic and Cultural Resources.
These Ordinances, unanimously adopted on First Reading on February 19, 2019, amend City Code
and Land Use Code to implement recommendations for improvements to codes that apply to historic
buildings, sites, structures or objects ("historic resources"). These revisions are a result of the 2017-
2018 Historic Preservation Codes and Processes Review. The objectives of this review were to provide
greater clarity and predictability in all regulations governing historic resources and to improve
standards for reviewing the design compatibility of new construction with historic resources.
7. First Reading of Ordinance No. 036, 2019, Reappropriating Funds Previously Appropriated in
2018 But Not Expended and Not Encumbered in 2018. (Adopted)
The purpose of this item is to reappropriate monies in 2019 that were previously authorized by City
Council for various expenditures in 2018 for various purposes. The authorized expenditures were not
spent or could not be encumbered in 2018 because:
• there was not sufficient time to complete bidding in 2018 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies,
• the project for which the dollars were originally appropriated by Council could not be completed
during 2018 and reappropriation of those dollars is necessary for completion of the project in 2019,
or
to carry on programs, services, and facility improvements in 2019 with unspent dollars previously
appropriated in 2018
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2018 and reflect no change in Council policies.
8. First Reading of Ordinance No. 037 2019 Making Amendments to the Land Use Code Planned
Unit Development Regulations. (Adopted)
The purpose of this item is to adopt changes to the Land Use Code Planned Unit Development (PUD)
regulations to clarify the vested rights process and who is eligible to seek an amendment to an
approved PUD Master Plan.
9. First Reading of Ordinance No 038 2019 Authorizing the Mayor to Execute the First
Amendment to the Intergovernmental Agreement for Water Treatment Service Capacity
Between the City of Fort Collins Colorado and the Fort Collins -Loveland Water District.
(Adopted)
The purpose of this item is to amend the existing agreement signed in 2013 (the "2013 Agreement")
between the City and the Fort Collins —Loveland Water District (FCLWD) concerning FCLWD's
acquisition of 5 million gallons per day (MGD) of water treatment capacity at the City's WaterTreatment
Facility. The proposed amendment to the 2013 Agreement will allow for FCLWD to make an early
payment of the entire outstanding principal associated with the financing of the Plant Investment Fee
(PIF).
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March 5, 2019
The City, FCLWD, and their respective enterprises were all parties to the 2013 Agreement. The
amendment thus likewise must be approved by both City Council and the City of Fort Collins Water
Utility Enterprise Board. The FCLWD Board and the FCLWD Enterprise Board approved the proposed
amendment on Tuesday, February 19, 2019.
10. First Reading of Ordinance No. 039 2019 Authorizina the Sale of Seven Water Taps and One
Sewer Tat) Owned by the City's Natural Areas Department. (Adopted)
The purpose of this item is to seek Council approval to sell seven water taps and one sewer tap. The
taps were acquired with various parcels purchased by the City's Natural Areas Department over the
last decade or so. The Department has no use for the taps and recommends selling them and using
the proceeds for land conservation. Additionally, the taps have monthly fees costing the Department
approximately $1,425 per year. The Department checked with the Affordable Housing Land Bank to
ascertain its interest prior to placing the taps on the market. The Affordable Housing Land Bank does
not have a use for the taps at this time.
11. Resolution 2019-031 Setting for April 16, 2019, a Noticed Public Hearinta for the City Council's
Consideration of a Resolution to Approve the Drake & College Urban Renewal Plan and the
Authorization of the Use of Eminent Domain to Acquire Property Within the Drake & College
Urban Renewal Plan Area. (Adopted)
The purpose of this item is to discuss setting the public hearing for April 16, 2019, for adoption of an
Urban Renewal Plan area at the vicinity of Drake Road and College Avenue and to authorize the Urban
Renewal Authority's future exercise of eminent domain if needed under the Plan. Project
improvements funded by the Urban Renewal Authority (URA) will be used to remedy blight findings,
finance developer gaps and support area improvements as outlined in the agreements with each taxing
body. The Urban Renewal Plan Area must be formally adopted by City Council before the URA can
provide any financial support. Setting the public hearing is the first step towards formal City Council
adoption of the Urban Renewal Plan Area.
12. Resolution 2019-032 Makinq Appointments to the Building Review Board Downtown
Development Authority, and the Natural Resources Advisory Board of the City of Fort Collins.
(Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Building
Review Board, the Downtown Development Authority and the Natural Resources Advisory Board.
During the annual fall recruitment, a vacancy remained on the Building Review Board. The vacancy
on the Downtown Development Authority is due to the death of Justin Larson. The vacancy on the
Natural Resources Board is due to the resignation of Ling Wang.
• END CONSENT
• STAFF REPORTS
Report On Credit Rating.
Mike Beckstead, Chief Financial Officer, discussed credit reviews of governments and
corporations, noting they are done based on qualitative and quantitative information. Moody's has
recently given Fort Collins a AAA rating, which is in the top 3-4% of municipalities rated by
Moody's. The City's debt issuance rating, which cannot be equal to or greater than the issuer rating,
was rated at AA-.
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• COUNCILMEMBER REPORTS
Councilmember Cunniff reported on the groundbreaking for the Connexion broadband utility.
Councilmember Martinez reported on Poudre Fire Authority's Mike Gavin's retirement party and
the Mayor's Summit on Entrepreneurship presentation.
Councilmember Stephens reported on the Behavioral Health Summit.
Councilmember Gutowsky reported on the Connexion groundbreaking and the Mayor's
Entrepreneur Summit.
• DISCUSSION ITEMS
14. Consideration of Two Appeals of the Administrative Hearing Officer Decision to Approve the
Hansen Farm Project Development Plan PDP'170036. (Hearing Officer Decision Upheld)
The purpose of this item is to consider two appeals of the December 13, 2018, Administrative Hearing
Officer decision to approve the Hansen Farm Project Development Plan, PDP 170036 (the "Decision').
On December 20, 2018, an appeal by Thomas Barlow was filed challenging the Decision (Appeal No.
1). On December 27, 2018, a second appeal by Christopher McElroy was filed challenging the
Decision (Appeal No. 2).
Appeal No. 1- Thomas Barlow
Appeal No. 1 includes the following ground for appeal
Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically:
• Failure to properly interpret and apply Policy FC-LUF-5 of the Fossil Creek Reservoir Area Plan
("FCR Area Plan'), as adopted under Resolution 98-54 and amended by the Fort Collins City
Council.
Appeal No. 2 - Christopher McElroy
Appeal No. 2 includes the following grounds for appeal.•
1. The Hearing Officer failed to conduct a fair hearing, in that
+ The Hearing Officer considered evidence relevant to its findings, which was substantially false or
grossly misleading.
2. Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically:
+ Failure to properly interpret and apply Policy FC-LUF-5 of the FCR Area Plan, as adopted under
Resolution 98-54 and amended by the Fort Collins City Council.
It is noted that the Applicant is represented by Carolynne White and her law firm, Brownstein Hyatt
Farber and Schreck (BHFS). BHFS and Ms. White are also Council to the Fort Collins Urban Renewal
Authority and its Board, which includes all seven members of the City Council and two additional
members.
Mayor Troxell outlined the hearing process.
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Councilmember Summers stated he has filed a conflict of interest on this item as his house is in
close proximity to the new development.
Mayor Troxell noted Carolynne White and her firm, Brownstein, Hyatt, Farber and Shreck, are
representing the applicant in these appeals. Ms. White also represents the Fort Collins Urban
Renewal Authority; however, Mayor Troxell stated her participation in this proceeding does not
create any bias.
Councilmember Cunniff stated that, while he is not happy about the situation, he does not feel it
impacts his ability to be objective in this matter and consider the appeal strictly on its merits.
City Attorney Daggett stated this item is a hearing of two appeals filed by parties -in -interest
seeking Council review of an administrative hearing officer decision that approved the project
development plan for Hansen Farm under the Land Use Code. She outlined the grounds of appeal
for both appeals.
Chris McElroy identified himself as an appellant.
Tom Barlow identified himself as an appellant.
Carolynne White identified herself as counsel representing the applicant and introduced Jeff Mark,
principal of the applicant's entity.
Mayor Troxell stated he is consolidating both appeals for this hearing and outlined the time
allocation for each party.
Tom Leeson, Community Development and Neighborhood Services Director, discussed the
location of the project, noting it is the first phase of a multi -phase project. As approved, the low -
density, mixed -use project contains 178 single-family units and associated infrastructure with
primary access from South Timberline. Leeson discussed the appeal allegations and noted the
project complies with the LMN zoning standards and applicable general development standards in
the Land Use Code and is consistent with the related policies in the Fossil Creek Area Plan and
City Plan.
Mr. McElroy stated he has concerns with Ms. White's representation but noted it has been
addressed by Council.
Mr. Barlow stated Ms. White has attorney/client privilege with Council as well as with the
applicant.
City Attorney Daggett clarified the Urban Renewal Authority, which is represented by Ms. White,
is a separate governmental body from the City of Fort Collins and Councilmembers would not
have had any dialogue with Ms. White regarding this matter.
Ms. White stated she consulted with ethics and conflicts counsel prior to undertaking this
representation and confirmed the analysis that because the URA is a separate legal entity from the
City, there is no legal conflict. Additionally, she has not had any conversations in public or private
about this project with any members of Council.
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Mayor Troxell discussed the policy relating to the admittance of new evidence and noted Mr.
McElroy submitted new evidence to the City Clerk related to his fair hearing allegation.
Mayor Pro Tem. Horak made a motion, seconded by Councilmember Stephens, to allow the new
evidence in order to ensure Council has as much information as possible.
Ms. White stated she would not object to the inclusion of the new evidence, but she would like to
ensure the new evidence is not being offered in support of a new basis for appeal and requested
the Willow Springs site plan be acknowledged as the official record of measurements rather than
the Google Earth measurements provided by the appellants.
Mr. McElroy noted their measurements were provided partially by engineers.
The vote on the motion was as follows: Yeas: Horak, Troxell, Cunniff, Gutowsky, Stephens and
Martinez. Nays: none.
THE MOTION CARRIED.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Mr. Barlow stated he has marked the areas on the Willow Springs site plan that have been replatted
subsequent to the site plan dates. Ms. White offered no objection to the inclusion of this
information.
Mr. McElroy objected to Ms. White being counsel for the developer.
APPELLANT PRESENTATION
Mr. McElroy stated his intention is not to stop this development, but rather to ensure its compliance
with appropriate Codes. He requested Council send the PDP back for further review given the
abrupt transition between Willow Springs and the proposed project. One of his points of
contention with the Hansen Farms development is the claim by City staff that the Land Use Code
overrides everything from the Fossil Creek Area Plan.
Mr. McElroy noted the hearing officer had eight comments and questions about compatibility in
the verbatim transcript; however, none of those were mentioned in the staff summary.
Mr. Barlow stated the focus of his appeal is the Fossil Creek Area Plan section relating to a new
development complimenting the established patterns of buildings and outdoor spaces along the
edge of the existing development with no drastic and abrupt increase in the size of buildings or
intensity of building coverage. He also noted if the provisions of the Land Use Code conflict with
any other resolution, the more specific standard, limitation, or requirement shall govern or prevail
to the extent of the conflict; therefore, the provisions of the Fossil Creek Area Plan should take
priority as they are more specific.
Mr. Barlow stated Mr. Wray acknowledges in his comments that the Fossil Creek Area Plan is
more specific policy direction and continues to state the Land Use Code provides the regulatory
basis for plan compliance; however, he failed to acknowledge the Land Use Code calls for the
more specific regulations to apply.
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Mr. Barlow noted the hearing officer stated she finds it impossible to know whether the building
sizes and coverages are compatible because they have yet to be submitted to the City. He requested
Council reverse the hearing officer's decision and remand it for further review.
APPLICANT PRESENTATION
Ms. White requested Council deny the appeals and uphold the hearing officer's decision. She
stated the PDP conforms with the Fossil Creek Area Plan, the hearing officer did not grant too
much authority to staff, and the applicant provided accurate and appropriate information during
the approval process. She noted the approval contains conditions requiring staff to address whether
the next stages are in conformance with the Fossil Creek Area Plan.
Ms. White described the project and noted it contains 10 acres of natural habitat buffer with
extensive landscaping and open space. She stated the projects should be compared as a whole and
not simply based only on the edges and noted the Land Use Code does not require specific home
size information at the PDP stage.
Ms. White discussed the similarities of Willow Springs and the proposed Hansen Farms
development noting compatibility does not mean "the same as" and discussed the development of
the site plan to place higher densities away from the Willow Springs site in response to residents'
concerns.
Ms. White stated the appellants have not met their burden in demonstrating that the hearing officer
acted improperly and requested Council uphold the hearing officer's decision and allow the Hansen
Farms project to proceed to the next step in the process, at which it will be determined whether or
not compatibility exists based on those additional conditions imposed by the hearing officer.
APPELLANT REBUTTAL
Mr. McElroy stated the vicinity maps provided by Ms. White were incorrect.
Mr. Barlow stated the project should not only be required to meet the Land Use Code, but the
Fossil Creek Area Plan in addition, and any conflict between the two should be resolved by
applying the Area PIan. He stated a wall of homes is being created by the development and Willow
Springs does not want a wall on its border.
APPLICANT REBUTTAL
Ms. White clarified the definition of density noting it is calculated on a per acre basis throughout
the entire project. She stated the development complies with the Code and the hearing officer's
decision should be upheld.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
COUNCIL DISCUSSION
Councilmember Cunniff noted the PDP is part of an overall set of development steps and asked
for a summary of those steps. Leeson replied projects of this magnitude go through a project
development plan, which is a land use approval process involving a complete review by staff of
certain required documents for compatibility with City Plan and the Land Use Code. Staff then
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makes a recommendation to the decision maker. If approved by the decision maker, the applicant
would submit a final development plan which is much more technical and detailed and is approved
administratively with no appeal process. The next step would be review of building permits for
individual lots, which are also reviewed administratively for compliance with zoning and setback
standards.
Councilmember Cunniff asked when the condition regarding compatibility with the Fossil Creek
Area Plan would be considered. Leeson replied it would be considered at the time of the final
development plan during which the subdivision would be reviewed for consistency with the
zoning.
Councilmember Cunniff asked how long the area has been zoned LMN. Pete Wray, Senior
Planner, replied the Hansen Farm property was annexed in 2013 and zoned a combination of LMN,
MMN, and Neighborhood Commercial.
Councilmember Cunniff asked if it would be highly unlikely any new development would be
zoned RL. Leeson replied in the affirmative.
Councilmember Martinez requested clarification as to who makes the recommendation to the
decision maker. Leeson replied it is a collective process of many City staff who review a project
relative to underlying standards. Leeson stated a resulting staff report is written by a planner,
reviewed by the development review manager and himself, and forwarded to the decision maker.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, that the Hearing
Officer conducted a fair hearing in her consideration of the Hansen Farm PDP #170036 and did
not consider evidence relevant to her decision that was substantially false or grossly misleading,
and further, that based on the evidence in the record and presented at this hearing, the allegation
in the McElroy appeal that the officer did not conduct a fair hearing is thereby found to be without
merit and is denied.
Councilmember Cunniff stated he would support the motion as he did not see any indication that
the information that was considered was outside the bounds of what was necessary to make the
decision.
Councilmember Stephens stated the zoning allows for what has been proposed and there was
adequate public input to which the developer responded.
RESULT: HEARING OFFICER CONDUCTED A FAIR HEARING 16 TO 01
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak
RECUSED: Summers
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to uphold the
decision of the hearing officer approving the Hansen Farm PDP#170036 as she properly
interpreted and applied the relevant provisions of the Land Use Code cited in the appeal notice,
and further, that based on the evidence in the record and presented at this hearing, the combined
appeal is thereby found to be without merit and is denied.
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Councilmember Cunniff stated the 2013 zoning decision is key, and though he can sympathize
with the appellants, the land was annexed and zoned LMN; therefore, the developer is required to
meet a certain density.
RESULT: HEARING OFFICER DECISION UPHELD [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak
RECUSED: Summers
15. Items Relating to Appropriations for the 1-251Pros ect Interchange and Police Regional
Training Campus. (Adopted as Amended on Second Reading)
A. Second Reading of Ordinance No. 030, 2019, Appropriating Unanticipated Revenue in the
General Fund for the 1-25/Prospect Interchange and Authorizing the Transfer of Appropriations
from the General Fund to the Capital Projects Fund, and Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fund for the 125 and Prospect Interchange and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fund to the Capital Projects
Fund, and Authorizing the Transfer of Appropriations from the Capital Projects Fund to the Cultural
Services and Facilities Fund for the Art in Public Places Program.
B. Second Reading of Ordinance No. 031, 2019, Appropriating Unanticipated Revenue in the
General Fund for the Police Regional Training Campus and Authorizing the Transfer of
Appropriations from the General Fund to the Cultural Services and Facilities Fund for the All in
Public Places Program.
These Ordinances, unanimously adopted on First Reading on February 19, 2019, appropriate the
lease financing proceeds received from the Certificates of Participation for the 1-251Prospect
Interchange and Police Regional Training Campus, respectively.
Travis Storin, Accounting Director, stated there has been a staff -recommended increase in the
appropriation of $103,600, which results in a lower overall borrowing cost for the City.
City Attorney read the resulting changes of both ordinances.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 030, 2019 as amended, on Second Reading.
Councilmember Cunniff stated the change makes sense financially.
RESULT: ORDINANCE NO. 030, 2019, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 031, 20I9 as amended, on Second Reading.
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RESULT: ORDINANCE NO.031, 2019, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
16. Items Relating to Outdoor Residential Wood Burning. (Adopted as Amended on First Reading)
A. First Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort
Collins Pertaining to Nuisances.
B. First Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund
to Increase Staffing for Outdoor Residential Wood Burning Program Support.
The purpose of this item is to modify the current air pollution nuisance Code provision to make it more
enforceable for smoke impacts from outdoor residential wood fires. Changes proposed include
decriminalization, a midnight curfew and a property line setback for outdoor wood burning. Additionally,
resources in the form of an 0.25 FTE increase, are being requested to support education, outreach
and compliance with the code.
Jeff Mihelich, Deputy City Manager, stated staff is recommending the adoption of ordinances to
address outdoor residential burning. Ordinance No, 042, 2019, provides much more specificity in
the Code that will allow enforcement of outdoor residential burning and Ordinance No. 043, 2019,
allows for the enactment of a very aggressive pilot program with a heavy emphasis on education.
Cassie Archuleta, Environmental Sustainability Manager, discussed the public engagement efforts
and noted smoke is particle pollution, which is an air quality and nuisance concern. The current
air pollution nuisance code speaks to smoke, comfort, health, and enjoyment of property; however,
it is difficult to enforce. Proposed updates that would help with enforcement include
decriminalizing the offense which lower-, the burden of proof and operational requirements such
as a midnight curfew and 15-foot property line setback.
Archuleta discussed the proposed educational aspects and providing resources to help facilitate
neighbor -to -neighbor conversations. The first year will be used as a pilot for evaluation. The Air
Quality Advisory Board and Natural Resources Advisory Board both supported the proposed
changes but asked staff to consider air quality advisory day bans.
Adam Eggleston expressed concern this ordinance would not be enforceable.
Margit Henstchel thanked staff for working on this issue. She stated her preference would be a
ban on outdoor burning, but suggested a 9 PM curfew at the latest, a complaint response and
enforcement that is appropriately staffed across nights and weekends, and to not use a counting of
the number of complaints, but rather science, to measure the issue.
Michelle Haefele stated the ordinance, as proposed, still prioritizes the recreational activity over
health concerns. She stated nighttime enforcement should occur, the 15-foot setback will not
address smoke, and agreed an earlier curfew would be preferable. She also suggested particulates
rather than complaints should be measured and opposed a permit system.
Aaron Fodge stated residential wood smoke code enforcement should protect all neighbors and
their right to breath clean air on their property. He encouraged a stronger ordinance.
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March 5, 2019
Mike Knowles questioned the ability of the City to enforce this ordinance if staff is not available
to actually witness a violation of the ordinance.
Councilmember Martinez asked how staff arrived at the midnight curfew. Mihelich replied staff
felt that was a reasonable standard knowing Council would want to have additional conversations
on the issue.
Councilmember Stephens asked what time the City's noise ordinance begins. Jody Hurst, Assistant
City Attorney, replied there is no specific time and the noise ordinance is enforced based on the
time of day; however, there are certain zones where construction and decibel -related noises are
time limited.
Councilmember Cunniff asked about the origin of the 15-foot setback. Mihelich replied that is
consistent with the fire code for setbacks from combustibles.
Councilmember Cunniff asked about high pollution advisory days in the summer. Archuleta
replied staff is unaware of any community with a fire pit ban on summer high pollution advisory
days.
Councilmember Cunniff requested a cost estimate for night and weekend code compliance staff
prior to Second Reading. City Manager Atteberry replied he would provide the information;
however, there is an argument to be made that this type of enforcement is not appropriate for a
code compliance officer.
Councilmember Gutowsky stated citizens are concerned about being able to open their windows
in the evening and stated a 9 PM curfew would provide a good compromise to address that issue
and supported the idea of a co -responding team of a code enforcement officer and police officer.
Councilmember Gutowsky suggested the education component should include information as to
what materials are appropriate to burn.
Councilmember Cunniff made a motion, seconded by Mayor Pro Tern. Horak, to adopt Ordinance
No. 042, 2019, on First Reading, as amended to change references from City staff to City Council,
to change the curfew hours to 9 PM through 7AM, and to change the setback to 25 feet rather than
15 feet.
Councilmember Martinez asked how staff will ensure a ticket is issued to the proper resident. City
Attorney Daggett replied that will be examined prior to Second Reading; however, staff does not
want to defeat the purpose of the ordinance by making it unintentionally more difficult to enforce.
Councilmember Martinez stated he did not support the 9 PM curfew, but could support 10 PM.
Councilmember Cunniff replied that would allow windows to be opened earlier for residents
without air conditioning allowing for better sleep.
Councilmember Martinez made a motion to amend, seconded by Councilmember Stephens, to
change the curfew time to 10 PM.
Mayor Pro Tern Horak stated he would support the amendment noting a great deal of data will be
collected over the next year.
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March 5, 2019
Councilmember Stephens stated she has heard from a number of residents who do not want any
regulations; therefore, compromise and communication among neighbors are key components.
The vote on the motion to amend was as follows: Yeas: Summers, Martinez, Horak, Troxell,
Gutowsky and Stephens. Nays: Cunniff.
THE MOTION CARRIED.
Councilmember Stephens encouraged concentrating education efforts on CSU off -campus
housing.
Mayor Pro Tem Horak encouraged concentrating education efforts on Neighborhood Night Out
and the CSU campus welcome events.
RESULT: ORDINANCE NO. 042, 2019, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 043, 2019, on first reading, as amended to change references from City staff to City
Council.
RESULT: ORDINANCE NO. 043, 2019, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
• Motion to Extend the Meeting
Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to suspend the
rules to extend the meeting past 10:30 to consider the remaining agenda items.
Mayor Pro Tern Horak requested information as to which items do not need to be considered this
evening. City Manager Atteberry replied Item No. 21, Second Reading of Ordinance No. 032,
2019, Amending Article IV of Chapter 3 of the Code of the City of Fort Collins to Create
Entertainment District No. 1, is the most time -sensitive issue.
Mayor Pro Tern Horak supported addressing Item Nos. 19-21.
Councilmembers Cunniff and Gutowsky accepted that amendment to the motion.
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March 5, 2019
RESULT: ADOPTED [6 TO 11
MOVER: Ross Cunniff, District 5
SECONDER: Susan Gutowsky, Councilmember
AYES: Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
NAYS: Martinez
RESULT: WITHDRAWN
19. Second Reading of Ordinance No. 027, 2019, Designating the Farrington Property, 322 Edwards
Street, Fort Collins. Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins. (Adopted on Second Reading)
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council's Rules of Meeting
Procedures adopted in Resolution 2018-034.
This Ordinance, adopted on First Reading by a vote of 6-0 (Stephens recused) designates the
Farrington Property, 322 Edwards Street, as a Fort Collins Landmark for its Classic Cottage
architecture. This is a voluntary designation at the property owner's request. The Landmark
Preservation Commission unanimously recommends approving this landmark designation.
Councilmember Stephens withdrew from the discussion of this item due to a conflict of interest
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 027, 2019, on Second Reading.
RESULT:
ORDINANCE NO. 027, 2019, ADOPTED ON SECOND READING [6 TO 01
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Summers, Gutowsky, Troxell, Cunniff, Horak
RECUSED:
Stephens
20. Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility
Devices. (Postponed to March 19, 2019)
A. Second Reading of Ordinance No, 028, 2019, Amending Chapter 24 of the Code of the City of
Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices.
B. Second Reading of Ordinance No. 029, 2019, Amending Sections 1410 and 2106 of the Fort
Collins Traffic Code to Allow for Signage Designating an Area in the City as a "Dismount Zone'
for Any Form of Conveyance.
Ordinance No. 028, 2019, adopted on First Reading on February 19, 2019 by a vote of 6-1 (nays:
Summers) amends City Code relating to the regulation of electric scooters and other shared and/or
portable mobility devices. Ordinance No. 029, 2019, unanimously adopted on First Reading on
February 19, 2019, amends Traffic Code to allow for signage designating areas of the city as a
dismount zone for all forms of conveyance, including e-scooters.
Mayor Troxell asked if there is a way for scooter riders to alert pedestrians they are passing. Tessa
Greegor, FC Moves, replied the providers could be alerted to the need for bells.
Mayor Troxell suggested the RFP not consider revenue sharing as a criterion. Greegor replied
staff is still working through development of a fee structure but revenue sharing can be removed
if that is Council's preference.
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March 5, 2019
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 028, 2019, on Second Reading.
Councilmember Martinez asked about prohibiting scooters from riding in crosswalks. Chris
VanHall, Assistant City Attorney, replied the City has the power to make riders dismount at
crosswalks if there is a traffic signal that directs that.
Councilmember Martinez requested and received Council support to include a directive that all
scooters must dismount at crosswalks.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to postpone
consideration of Ordinance No. 028, 2019 to March 19 to allow staff time to return with
information related to crosswalk dismounting.
RESULT:
ORDINANCE NO. 028, 2019, POSTPONED TO MARCH 19, 2019 [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Gerry Horak, District 6
AYES:
Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to postpone
consideration of Ordinance No. 029, 2019 to March 19.
RESULT:
ORDINANCE NO. 029,2019, POSTPONED TO MARCH 19 [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Gerry Horak, District 6
AYES:
Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak
21. Second Readin of Ordinance No. 032 2019 Amendin Article IV of Cha ter 3 of the Code of
the City of fort Collins to Create Entertainment District No. 1. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on February 19, 2019 by a vote of 5-2 (Nays: Cunniff,
Gutowsky) establishes Entertainment District No. 1, located along North College between Jefferson
and Pine Street, and along Jefferson Street between College and Linden Street. An entertainment
district is a defined area containing no more than 100 acres and at least 20, 000 square feet of existing
liquor licensed premises.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 032, 2019, on Second Reading.
Councilmember Gutowsky stated she now has the information she feels she needs to make an
informed vote and that the Entertainment District appears to be well -planned and safe. She asked
if there will be an opportunity for live music. Tyler Marr, Policy and Project Manager, replied
music events are planned; however, the applicant does not intent to seek variances from the noise
ordinance and will stop any music at 9 PM.
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March 5, 2019
RESULT: ORDINANCE NO. 032,2019, ADOPTED ON SECOND READING 16 TO 11
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Horak
NAYS: Conniff
• OTHER BUSINESS
Councilmember Martinez requested and received Council support to reexamine the U+2
ordinance.
Councilmember Cunniff stated he would not support that at this time and suggested the upcoming
Council could take that on as part of its work plan.
Mayor Pro Tern Horak agreed there is not time for this Council to fully examine the issue; however,
data can begin to be collected.
Councilmember Gutowsky requested and received Council support to examine updating the City's
land use regulations to include a section on oil and gas, if it does not exist.
Councilmember Cunniff stated the Legislative Review Committee needs to examine a recent
senate bill which would give authorizing legislation for municipalities to do something along those
lines. If it passes, the future Council would have some options to begin to tailor land use
regulations.
Mayor Pro Tern Horak noted Fort Collins has one operator and the main issue here is the air that
comes from other places to here.
• ADJOURNMENT
The meeting adjourned at 11:07 PM.
Mayor
ATTEST:
City Clerk
City of Fort Collins Page 84